Abstract
According to some scholars, one of the features of good governance is that laws are well respected, which means that government should exercise its administrative power based on existing laws, on the one hand, and all people should respect the relevant laws, on the other hand. This should also be the spirit of the rule of law. Against this background, it is true that judicial review is a good process to ensure that government decisions or actions comply with the relevant laws. In Hong Kong, there is an increasing tendency towards judicial review cases. It has been estimated that there are over 100 cases per year. Would this increase in cases serve as an unnecessary burden on the courts? Certainly, it is also legitimate to ask the intention of a possible judicial review — that is, whether these judicial review cases are based on political motivation to hinder the proper governmental actions or to delay the bills relating to people's livelihoods? This article tries to address these issues and to propose that, on the one hand, the government should be more prudent in its decision-making process, and, on the other hand, that there should be a mechanism to prevent judicial review from being abused.
| Original language | English |
|---|---|
| Pages (from-to) | 398-419 |
| Journal | Chinese Journal of Comparative Law |
| Volume | 5 |
| Issue number | 2 |
| Online published | 25 Sept 2017 |
| DOIs | |
| Publication status | Published - 1 Oct 2017 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 16 Peace, Justice and Strong Institutions
Research Keywords
- Abuse
- Good governance
- Judicial review
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